Legal Question in Credit and Debt Law in Pakistan
i issued sevrel cheques those are bounced now from some time people who have these cheques are threatning me for fir registration what is my legal position
1 Answer from Attorneys
Sec 489-F(Dishonestly issuing a cheque: How ever dishonestly issues a cheque towards
repayment of a loan or fulfilment of an obligation which is dishonoured on presentation,
shall be punished with imprisonment which may extend to three years or with fine, or with
both, unless he can establish, for which the burden of proof shall rest on him, that he had
made arrangements with his bank to ensure that the cheque would be honoured and that
the bank was at fault in not honouring the cheque.) is a newly section in Pakistan Penal Penal Code
If you have issued a cheque for some payment or Liabilities and cheque dishonored from bank due to insufficient amount under sec 489-F FIR can be registered against you.
you have two legal remedies
1. if FIR registered u can be seek for Pre Arrest bail.
2. if FIR is not registered a stay order on cheque can be obtain from Civil Courts.
and in the end u have to pay the amount.
Gull Hassan Khan Mayo
Advocate High Court
Cell # 0321-4610092